Talley & Baugham, Inc. v. Atlantic Coast Line Railroad

The plaintiff, having offered evidence tending to show that the defendant omitted and neglected to transport the shipment in question within the “ordinary time required” (Stone v. R. R., 144 N. C., 220, 56 S. E., 932), and damage resulting therefrom, was entitled to go to the jury. Jenkins v. R. R., 146 N. C., 178, 59 S. E., 663; Meredith v. R. R., 137 N. C., 478, 50 S. E., 1.

The case of Shaw v. Express Co., 171 N. C., 216, 88 S. E., 222, strongly relied upon by the defendant, is neither controlling nor in point, as the facts of that case readily distinguish it from the one at bar.

The…